News & Analysis as of

Adverse Employment Action Employer Liability Issues Equal Employment Opportunity Commission (EEOC)

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

Fisher Phillips

EEOC Brings Claim for Teacher Whose Daughter Has a Disability: 5 Answers for Employers About Association-Based Bias

Fisher Phillips on

A recent lawsuit against a private school focuses on a lesser-known aspect of the Americans with Disabilities Act (ADA) and serves as a reminder that the law also protects employees and job applicants who have a relationship...more

Trusaic

Title VII Claims: How the Fifth Circuit Decision & EEOC AI Case Impact Employers

Trusaic on

A Fifth Circuit decision in the Federal Court of Appeals has sent shockwaves through employers in Louisiana, Texas, and Mississippi. The “historically conservative and employer-friendly” circuit ruled in favor of the...more

DirectEmployers Association

OFCCP Week In Review: August 2023 #3

Monday, August 14, 2023: U.S. Justice & Education Departments Issued Joint Resources on Lawfully Advancing DEI Following Supreme Court’s University Admissions Decision - The U.S. Departments of Justice (“DOJ”) and Education...more

Fisher Phillips

5 Tips to Avoid Workplace Retaliation Claims

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Employers know how important it is to comply with workplace anti-discrimination laws – but equally important is ensuring that employees who complain about perceived discrimination are not retaliated against for doing so, even...more

Troutman Pepper

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

Troutman Pepper on

Q: Are there any risks to using AI to enhance diversity in the workplace? ...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

Pillsbury Winthrop Shaw Pittman LLP

AI Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

Foster Garvey PC

EEOC Releases New Guidance for AI Algorithms in Employment Decisions

Foster Garvey PC on

On May 18, 2023, the EEOC released guidance on the use of Artificial Intelligence (“AI") tools in employment decisions. Though primarily focused on the selection and hiring of candidates, the same general guidance on AI tools...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

Littler on

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

Seyfarth Shaw LLP

The Fifth Circuit May Broaden Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Dallas County Sheriff’s Department gives its detention officers two days off per week. Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days...more

Locke Lord LLP

Employers Should Keep Title VII in Mind When Navigating Supreme Court’s Dobbs Decision

Locke Lord LLP on

The Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization created various employment law issues for employers. We previously addressed some of these issues in a July 2022 publication....more

Parker Poe Adams & Bernstein LLP

Alleged Attempt to Change Business' Demographics Deemed Direct Evidence of Discrimination

​​​​​​​Under the “stray remarks” doctrine, courts can conclude that an employer’s expressions of frustration, or comments by a manager not involved in an adverse employment decision, are not persuasive evidence of...more

Bradley Arant Boult Cummings LLP

Everybody’s Working on the Weekend (Well, Not Everybody) — Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final...

An employer establishes a weekend work policy where only male employees can take both days off, and female employees can only take one weekend day off. Sounds like gender discrimination maybe? Well, in Hamilton, et al. v....more

Gould + Ratner LLP

EEOC Issues Guidance on Caregiver Discrimination Related to COVID-19

Gould + Ratner LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document on March 14, detailing recommended best practices for employers managing workers with caregiver responsibilities. The guidance...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Burr & Forman

COVID-19 as a Disability Under the Americans with Disabilities Act

Burr & Forman on

Can COVID-19 be Considered a Disability? The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Epstein Becker & Green

Employers Must Accommodate Some Workers’ Opioid Use and Treatment

Epstein Becker & Green on

While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces. On August 5, 2020, the Equal Employment Opportunity Commission...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Harley Dealership for Sexual Harassment and Retaliation

Glenview Dealership Created Sexually Hostile Work Environment for Business Manager And Then Fired Her for Complaining, Federal Agency Charges - CHICAGO - The owners/operators of Chicago Harley Davidson, in Glenview, Ill.,...more

U.S. Equal Employment Opportunity Commission...

Hat World to Pay $33,000 to Settle EEOC Retaliation Lawsuit

Lids' Retailer Fired Store Manager Who Reported Sexual Harassment and Filed a Charge with the EEOC, Federal Agency Charged - NORFOLK, Va. - Hat World, Inc., an Indianapolis-based retailer of sports hats and fan gear, will...more

U.S. Equal Employment Opportunity Commission...

Element Plastics to Pay $35,000 to Settle EEOC Sexual Harassment And Retaliation Lawsuit

Sugar Land Company Charged With Subjecting Female Employee to Sexual Harassment and Retaliatory Termination After She Complained - HOUSTON - Element Plastics Mfg., LLC, a plastics manufacturer based in Sugar Land, Texas,...more

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more

U.S. Equal Employment Opportunity Commission...

Safie Specialty Foods to Pay $125,000 to Settle EEOC Sexual Harassment and Retaliation Suit

Company Fired Employees for Reporting and/or Verifying Sexual Harassment, Federal Agency Charged - DETROIT - Safie Specialty Foods Company, Inc., which pickles vegetables in Chesterfield Township, Mich., will pay $125,000...more

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